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HomeMy WebLinkAboutOrd 1973-1483 , . . . . . . ' . , • . . $'/.3/%3 . t ORDINANCE N0. 1483 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ARTICLES 1 AND 2 OF CHAPTER 34 RELATING TO THE UNDER- GROUNDING OF� UTILITIES IN SUBDIVISIONS AND OF SERVICE , LINES IN NEjd STRUCTURES OR CONDOPIINIUM CONVERSIONS, BY RENUMBERING SECTIONS 34 . 1. 1 THROUGH 34 . 1. 4 AND 34 .2 . 1 TAROUGH 34 . 2 .3 , TO 34 . 101 THROUGA 34 .104 AND 34 . 201 THROUGH 34 .203 , AND AMENDING SAID NEW SECTIONS 34 . 101, 34 . 102 , 34 .103, 34. 104 , 34. 201 AND 34 .203 The City Council of the City of Chula Vista does ordain as follows: SECTION 1 : That Article 1 of Chapter 34 , Sections 34 ,1. 1 through 34 . 1. 4 of the Chula Vista City Code be, and the same are hereby renumbered to Article 1, Chapter 34 , Sections 34 .101 through 34. 104 , respectively. SECTION 2 : That Article 2 of Chapter 34 , Sections 34 . 2 .1 through 34 . 2 . 3 of the Chula Vista City Code be, and the same are hereby renumbered to Article 2 , Chapter 34 , Sections 34 .201 through 34 . 203 , respectively. SECTION 3: That Article 1, Chapter 34 , Sections 34 . 101, � 34 . 102 , 34 . 103 and 34 . 104 , as herein renumbered, be and the same are • hereby amended to read as follows: ARTICLE 1 . UNDERGROUNDING UTILITIES: SUBDIVISZONS. Sec. 34 . 101. Purpose and Intent. It is the purpose and intent of this Article to require the undergrounding of all future distribution utility installations and all presently existing distribution installations located within or adjacent to new subdivi- sions in the City of Chula Vista, whether such subdivi- sion has been created by a subdivision map or a parcel map, except in those circumstances where such underground- ing would be infeasible or impractical as set forth herein. It is the intent of the City Council to require that, hence- forth, all new subdivisions shall be required to provide for the undergrounding of distribution facilities from the power source selected by the utility company, even though such power source may be a substantial distance from the boundaries of the proposed subdivision. Sec, 34 . 102 . Undergrounding Requirements. All privately owned public distribution utility systems within the boundaries of any subdivision and a11 such distribution utility systems required to be constructed to any offsite power source and service facilities within the boundaries of any subdivision, shall henceforth be placed underground. In addition, said owners or persons shall also be responsible for the undergrounding of all distribution facilities which are adjacent to the property and located within the public right-of-way on that one half of the -1- ' . • . . • . , . . ' ' :' ' 8y3/73 ' • • public right-of-way contiguous to the boundary of the subdivision whenever the lineal footage of the electric distribution facilities to be converted within the subdivision and the lineal footage of the electric distribution facilities to be converted within the public right-of-way adjacent to the subdivision equal or exceed 600 feet, or at least one block, whichever is lesser. In the event that the requirement of under- grounding existing distribution utility systems adjacent to the boundary of a subdivision as required herein should, in order to comply with the utility' s rules and practices , necessitate the undergrounding of other distribution utility systems and service lines serving other property owners , the subdivider shall be responsible for such conversions and . each property owner is required to allow the necessary changes to their premises to be made unless the requirement is deferred or suspended as provided in Section 34 . 104 . Transformers , terminal boxes meter cabinets , pedestals , concealed ducts and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be placed above ground. Sec. 34 , 103 . Responsibility of Subdivider. The subdivider shall be responsible for the requirements of this Article and shall make the necessary arrangements with each of the public utility companies for the installation of underground facilities and the relocation of existing facilities . The subdivider shall provide the City of Chula Vista with letters indicating that said arrangements have been made with the public utility companies stipulating the undergrounding of said utility facilities concurrent with the filing of the final map of any subdivision as required by this chapter and the State Subdivision Map Act, and subject to the approval of the City of Chula Vista. Said arrangements between the subdivider and the public utility companies as a condition of approval of the final map may be waived as provid- ed herein. 1 . The provisions of this section shall not require the undergrounding of power transmission lines of 60,000 volts or more . 2 . Street lighting will be required as recommended by the City Engineer and approved by the City Council. 3 . Television and radio reception shall be provided by means of a cable television system, franchised by the City of Chula Vista, or a master antenna television system, licensed by the City of Chula Vista, pursuant to the provisions of Resolution No. 6689 of the City of Chula Vista, and the subdivider shall provide the City with copies of the conditions , covenants and ' restrictions which shall indicate the prohibition of the use of individual outdoor antenna systems . -2- .� ,1� J } �{ ' , . . . , • . . ., ki/l..i/ /j ' . , � ' � . . . t.. . . . Sec. 34 . 104 . Deferral of Requirements . A subdivider or public utility company may request that the City Council vary from or defer the requirements of this Article. The applicant for such variance shall pay the sum of FIFTY DOLLARS ($50) at the time said appli- cation is submitted to the Department of Public Works to cover the cost of the public hearing to be noticed by the City Clerk in accordance with notification requirements of the laws of the State of California. After conducting said public hearing the Council may defer the requirements of this Article after the Council finds from the evidence presented at the hearing that all of the following facts exist: 1 . That extraordinary conditions exist to the extent that enforcement of this subsection would result in unnecessary hardship to the subdivider or the utility company. 2 . That such deferral will not, under the circum- stances of the particular case, be detrimental to the health, safety or general welfare of the neighbor- hood. In the event that the Council elects to defer the under- grounding requirements, the subdivider shall enter into an agreement with the City stipulating the acceptance of the establishment of an undergrounding district at some future date , and waiving any protests against such a district. Said agreement shall be binding upon the heirs, successors and assigns of the subdivider and shall be recorded. SECTION 4 : That Article 2 , Chapter 34 , Sections 34 . 201 and 34 .203 , as herein renumbered, be and the same are hereby amended to read as follows: ARTICLE 2 . UNDERGROUNDING UTILITZES : NEW STRUCTURES AND CONVERSION OF MULTIPLE FAMILY PROJECTS TO CONDOMINIUMS OR OTHER INDIVIDUAL UNIT FORM OF OWNERSHIP. Sec. 34. 201. Undergrounding Requirements . All structures and buildings being constructed and all existing structures and buildings being converted from individual, corporate or partnership ownership of multiple family projects to condominium or other individual unit form of ownership in any residential, commercial or industrial zone in the City of Chula Vista shall, within the exterior boundary lines of such property, have all electrical, communication, C.A.T.V, and similar distribution service wires , and/or cables placed underground. The owner of the new structure or building to be constructed or the owner or person converting any apartment building or project to the condominium or other independent unit form of owner- ship shall be responsible for complying with the requirements of this article and shall make the necessary arrangements with each of the serving utilities for the installation of such facilities . ',l -3- k� As used in this Section, a new structure or building ' �� shall be defined as one where the building permit valuation exceeds FIVE THOUSAND DOLLARS ($5, 000 . 00) , and shall include remodeling work and additions to existing structures or buildings . In addition, said owners or persons shall also be responsible for the undergrounding of distribution facilities adjacent to the property and located in the right-of-way as defined in Section 34 .102 of this chapter, whenever the lineal footage of the electric distribution facilities to be converted within the public right-of-way adjacent to the conversion pro- ject equal or exceed 600 feet or at least one (1) block, which- ever is lesser . In the event that the requirement of undergrounding existing distribution utility systems adjacent to the boundary of the conversion project as required herein should, in order to comply with the utility 's rules and practices, necessitate the under- grounding of other distribution utility systems and service lines serving other property owners, the builder or converter, as the case may be, shall be responsible for such conversions and each property owner is reguired to allow the necessary changes to thetr premises to be made unless the requirement is suspended or deferred as provided in Section 34 . 203 . The provisions of this section shall not require the undergrounding of power transmis�ion lines of 60, 000 volts or more . Trans- formers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be placed above ground. Sec . 34 . 203 . Deferral of Requirements . An owner or public utility company may request that the Planning Commission defer the requirements of this Article . The applicant for such deferral shall pay the sum of FIFTY DOLLARS ($50 . 00) at the time said application is submitted to the Planning Departnient to cover the cost of public hearing as noticed by the Secretary of the Planning Commission in accordance with the notification requirements of the laws of the State of California . After conducting said public hearinq the Planning Commission may defer the require- ments of this Article after the Planning Commission finds from the evidence presented at the hearing that all of the following facts exist: 1 . That extraordinary conditions exist to the extent that enforcement of this subsection would result in unnecunnecessary hardship to the subdivider or the utility company. ' 2 . That such deferral will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of the neighborhood. In the event that the Planning Commission elects to defer the undergrounding requirements, the subdivider shall enter into an agreement with the City stipulating the acceptance -4- �r � �.� . . - � , _ . � i :t3f3/73` • _ of the establishment of an undergrounding district at some future date, and waiving any protests against such a district. Said agreement shall be binding upon the heirs, successors and assigns of the subdivider and shall be recorded. ' SECTION 5: This ordinance shall take effect and be in full force on the thirty-first day from and after its passage and approval. Presented by Approved as to form by � ��-����� �� � � � � George D. Lindberg, City Attorney George D. Lindberg, City Atto ney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 21st day of puqLGt r 1%'73 , by the following vote, to-wit: AYES: Councilmen Hobel , Hamilton Hvde Scott NAYES: Councilmen None ABSENT: Councilmen Egdahl ' �, � / ayor of the City of Chula Vi� ta ATTE �• Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DZEGO ) ss . CITY OF CHULA VISTA ) I� � �, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Ordinance No. ' , and that the same has not been amended or repealed. DATED City Clerk -5- � '1, � � .l